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j <br /> SECTION VIII — PAYMENTS <br /> The COUNTY shall make monthly partial payments Pursuant to Florida Prompt <br /> Payment Act (F.S. 218.70) to the SURVEYOR as provided by in the Work Order. A ten <br /> percent (10%) retainage shall be withheld by the COUNTY on all Work Orders until all <br /> of the SURVEYORS work is completely accepted by the COUNTY. <br /> Unless otherwise stated in the Work Order, the SURVEYOR shall submit duly <br /> certified invoices in duplicate no more than once monthly to the County Surveyor. <br /> The Agreement shall be divided into units of deliverables, which shall include, but <br /> not be limited to, reports, findings, drawings, recommendations, and drafts, that must be <br /> received and accepted in writing by the County Surveyor, prior to payment. <br /> SECTION IX— RIGHT OF DECISIONS <br /> All services shall be performed by the SURVEYOR to the satisfaction of the <br /> County Surveyor who shall decide all questions, difficulties, and disputes of whatever <br /> nature that may arise under or by reason of this Agreement, according to the <br /> prosecution and fulfillment of the service hereunder, and the character, quality, amount <br /> and value thereof. The COUNTY's decision upon all claims, questions, and disputes ; <br /> shall be final, conclusive, and binding upon the parties hereto, unless such <br /> determination is clearly arbitrary or unreasonable. <br /> Adjustments of compensation and contract time because of any major changes <br /> in the work that might become necessary or be deemed desirable as the work <br /> progresses shall be reviewed by the County Surveyor. If the SURVEYOR does not <br /> concur in the judgment of the County Surveyor as to any decisions made by him or her, <br /> ,it shall present its written objections to the County Engineer, Public Works Director and <br /> subsequently the Administrator of Indian River County, who shall make a decision, and <br /> the SURVEYOR shall abide by the County Administrator's decision, unless the decision <br /> is clearly arbitrary or unreasonable. i <br /> i <br /> SECTION X— OWNERSHIP AND REUSE OF DOCUMENTS i <br /> A. Ownership and Copyright: Ownership and copyright of all reports, <br /> tracings, plans, electronic files, specifications, field books, survey <br /> information, maps, contract documents, and other data developed by the i <br /> SURVEYOR pursuant to this Agreement, shall be vested in the COUNTY. <br /> Said materials shall be made available to the COUNTY by the <br /> SURVEYOR at any time upon request of the COUNTY. On or before the <br /> tenth day after all work contemplated under this Agreement is complete, <br /> all of the above materials shall be delivered to the County Surveyor. <br /> B. Reuse of Documents: All documents, including but not limited to reports, <br /> drawings and specifications, prepared or performed by the SURVEYOR <br /> pursuant to this Agreement, are related exclusively to the services <br /> described herein. They are not intended or represented to be suitable for <br /> reuse by the COUNTY or others on extensions of this project or on any <br /> other project. The COUNTY's reuse of any document or drawing shall be <br /> at the COUNTY's own risk. The COUNTY shall not hold the SURVEYOR <br /> liable for any misuse by others. <br /> SECTION XI — NOTICES <br /> Any notices, reports or other written communications from the SURVEYOR to the <br /> COUNTY shall be considered delivered when posted by certified mail or delivered in <br /> person to the County Surveyor. Any notices, reports or other communications from the <br /> FAPublic Works\ENGINEERING DIVISION PROJECTS\1605 IRC Annual 2016 Professional Survey Services ContractlAdminX2016-2018 AgreementslMaster Agreement- <br /> Morgan and Eklund.doc <br /> Page 4 of 9 ; <br />